The European Commission has opened formal proceedings against TikTok for potential breaches of the Digital Services Act (DSA). This legislation was enacted to protect users of online services in Europe.
The Commission’s move comes in the wake of preliminary investigations based on a risk assessment report submitted by TikTok in September 2023, along with the company’s response to the Commission’s earlier information requests. These pertained to the measures TikTok has employed to comply with European legislation. The proceedings directly target TikTok’s obligations under the DSA to protect minors, create trustworthy and searchable archives for its ads, and upgrade its transparency policy by providing researchers access to data.
Thierry Breton, the Commissioner for Internal Market, stated that TikTok plays a pivotal role in safeguarding minors online. Given its global reach, impacting millions of children, the measures currently in place, specifically age verification methods and risk management of addictive or harmful content, are deemed insufficient. According to Breton, there is a pressing need for official measures to ensure appropriate action is taken preserving the physical and emotional well-being of young Europeans.
The European Commissioner for Competition and Executive Vice-President for Europe Fit for the Digital Age, echoing similar sentiments, asserted that TikTok should conscientiously evaluate the risks it poses to its users, both young and old.
With the initiation of formal proceedings, the EU’s executive will undertake a comprehensive investigation and evidence collection. It may additionally send requests for information or conduct inspections and interviews. While more stringent enforcement measures like non-compliance decisions are in the cards, the EU executive also reserves the authority to accept any remedial or preventive measures taken by TikTok. If the tech giant is proven to have contravened DSA regulations, it may be penalized with a fine equivalent to 6 percent of its global turnover.
This marks the second instance of the European Commission initiating proceedings against a Very Large Online Platform (VLOP) under the DSA. The first instance occurred in December 2023, when formal proceedings were opened against Elon Musk’s platform, X, for dissemination of illegal content in the EU, while also probing the effectiveness of its measures to boost transparency and combat misinformation.